3.

Mauro Malang Santos vs McCullogh Printing Company AUTHOR: The Taliño

[G.R. No. L-19439; October 31, 1964] NOTES:
TOPIC: When does Copyright Vest? MPC – McGullogh Printing Company
PONENTE: Paredes, J.
CASE LAW/DOCTRINE:
 An intellectual creation should be copyrighted 30 days after its publication, if made in Manila, or within 60 days if made
elsewhere, failure of which renders such creation public property. In the case at bar, even as of this moment, there is no
copyright for the design in question.
 When the purpose is a limited publication, but the effect is general publication, irrevocable rights thereupon become vested in
the public, in consequence of which enforcement of the restriction becomes impossible.
 The author of a literary composition has a right to the first publication thereof. He has a right to determine whether it shall be
published at all, and if published, when, where, by whom, and in what form. This exclusive right is confined to the first
publication. When once published, it is dedicated to the public, and the author loses the exclusive right to control subsequent
publication by others, unless the work is placed under the protection of the copyright law.
FACTS:
 This is an action for damages based on the provisions of Arts. 721 and 722 of the Civil Code, allegedly on the unauthorized use,
adoption and appropriation by the MPC of Santos’ intellectual creation or artistic design for a Christmas Card. The design
depicts "a Philippine rural Christmas time scene consisting of a woman and a child in a nipa hut adorned with a star-shaped
lantern and a man astride a carabao, beside a tree, underneath which appears the Santos’ pen name, Malang."
 Santos designed for former Ambassador Felino Neri, for his personal Christmas Card greetings for the year 1959, the artistic
motif in question. The following year, MPC, without the knowledge and authority of Santos, displayed the very design in its
album of Christmas cards and offered it for sale, for a price. For such unauthorized act, Santos suffered moral damages to the
tune of Php 16k, because it has placed Santos’ professional integrity and ethics under serious question and caused him grave
embarrassment before Ambassador Neri. He further prayed for the additional sum of Php 3k by way of attorney's fee.
 MPC moved for dismissal, claiming that:
o The design claimed does not contain a clear notice that it belonged to Santos and that he prohibited its use by others;
o The design in question has been published but does not contain a notice of copyright, as in fact it had never been
copyrighted by Santos, for which reason this action is barred by the Copyright Law;
o The complaint does not state a cause of action.
 The documentary evidence submitted were the Christmas cards, as originally designed by Santos, the design as printed for
Ambassador Neri, and the subsequent reprints ordered by other parties. The case was submitted an a "Stipulation of Fact" the
pertinent portions of which claim that:
o Santos was the artist who created the design;
o the design carries the pen name of Santos, MALANG, on its face;
o the design was created by Santos in the latter part of 1959 for the personal use of former Ambassador Felino Neri;
o former Ambassador Neri had 800 such cards printed by MPC in 1959, which he distributed to his friends in December,
1959;
o MPC utilized plaintiff's design in the year 1960 in its album of Christmas card samples displayed to its customers;
o Sampaguita Pictures, Inc., placed an order with MPC for 700 of said cards, while Raul Urra & Co. ordered 200, which
cards were sent out by them to their respective correspondent, clients and friends during the Christmas season of
1960;
o MPC’s use of Santos’ design was without knowledge, authority or consent of Santos;
o said design has not been copyrighted; and
o Santos is an artist of established name, good-will and reputation.
 TRIAL COURT: Dismissed the case. Santos case did not choose to protect his intellectual creation by a copyright. The fact that
the design was used in the Christmas card of Ambassador Neri who distributed eight hundred copies thereof among his friends
during the Christmas season of 1959, shows that the, same was published. Unless satisfactorily explained a delay in applying for
a copyright, of more than 30 days from the date of its publication, converts the property to one of public domain. Since the
name of the author appears in each of the alleged infringing copies of the intellectual creation, MPC may not be said to have
pirated the work nor guilty of plagiarism.
ISSUE(S):
1. WON Santos is entitled to protections, notwithstanding the fact that he has not copyrighted his design.
2. WON the publication is limited, so as to prohibit its use by others, or general.

HELD: No chance, no way, I won’t say it NO NO!

RATIO:
 Under the established facts, We find that Santos is not entitled to a protection, the provision of the Civil Code, notwithstanding.
Par. 33 of Patent Office Administrative Order No. 3 titled "Rules of Practice in the Philippines Patent Office relating to the
Registration of Copyright Claims" promulgated pursuant to RA 165, provides, among others, that an intellectual creation should
be copyrighted 30 days after its publication, if made in Manila, or within 60 days if made elsewhere, failure of which renders
such creation public property. In the case at bar, even as of this moment, there is no copyright for the design in question.
 We are not also prepared to accept the contention of appellant that the publication of the design was a limited one, or that
there was an understanding that only Ambassador Neri should, have absolute right to use the same. In the first place, if such
were the condition then Ambassador Neri would be the aggrieved party, and not the appellant. In the second place, if there was
such a limited publication or prohibition, the same was not shown on the face of the design.
 When the purpose is a limited publication, but the effect is general publication, irrevocable rights thereupon become vested in
the public, in consequence of which enforcement of the restriction becomes impossible. When Ambassador Neri distributed 800
copies of the design in controversy, Santos lost control of his design and the necessary implication was that there had been a
general publication, there having been no showing of a clear indication that a limited publication was intended.
 The author of a literary composition has a right to the first publication thereof. He has a right to determine whether it shall be
published at all, and if published, when, where, by whom, and in what form. This exclusive right is confined to the first
publication. When once published, it is dedicated to the public, and the author loses the exclusive right to control subsequent
publication by others, unless the work is placed under the protection of the copyright law.